Suchergebnisse

Law is seen as having 2 basic interconnected tasks: (1) to solve conflicts, & (2) to foster conformity to legal rules. While a world-wide soc system may be emerging, the present paper is considered a preliminary to such an understanding. It is based exclusively upon certain aspects of conflict resolution within the framework of one state. The judge is viewed as a decisionmaker & lawyers are considered experts on the use of power. The judge exerts power over `clients' or over citizens by playing a passive role. As such he is diff from those decisionmakers whose function depends upon outside initiative & those who can take the initiative themselves. The reasons why clients go to court are analyzed both re criminal cases & litigation. To some extent, a lawsuit is a game of chance, the parties being at the mercy of rules over which they have no control. The implications to be drawn from internal lawsuits & justice for the development of internat'l law are examined. Internat'l conflict resolution, it is concluded, will tend to be restricted to methods which rely heavily upon the shared intellectual tools & norms & upon the divided nat'l bases of force & authority. The world may also be viewed as a system. Self-righteousness is a characteristic of individuals as well as of nations in conflict. The relationship between law & set is explored. Modern thinking about world problems has been dominated by sci'fic disciplines. Systems can be derived from empirical premises. The cooperation between law & the other soc sci's is considered very important for the development of the internat'l soc system. Law must be understood sci'ly as a structure of action & roles with a specified set of soc functions. M. Maxfield.

Sources of conflict are classified into 2 broad categories: (1) competing interests, which stems from a situation of scarcity; & (2) dissensus, arising from dissensus concerning the normative status of a soc object. The presence of (1) or (2) is a necessary but not sufficient condition for the emergence of a conflict. If a conflict moves towards a solution, there is a correspondence between the 2 sources of conflict & the 2 mechanisms of solution. Thus, competing interests will be solved by bargaining & compromise, & dissensus through law & the application of norms to established facts. Law involves changing the dyad to a triad, where an intermediary who stood outside the original conflict as been added. Where conflicts are handed over for legal settlement they must be formulated as dissensus. The 3rd person will be usually be found to take the middle road, not siding with either party. It is possible that the existence of triadic relationships will be characteristic of large-scale org's. Thus, the executive will become a judge. G. K. Speal.